High Court of Bombay

Imran Abdul Wahid Hasmi v. Dy. Commissioner of Police and Ors.

21.06.2016

Criminal

Bombay High Court quashes unsubstantiated externment order

The Bombay High Court quashed an order of externment - excluding a person from a city or district - against an accused for procedural insufficiencies and an unsuitable inference that his presence caused key witnesses to get cold feet.

An externment order was issued to the accused under Section 56 of the Bombay Police Act, 1951 exiling him from Greater Bombay Suburban and Thane Districts for two years. The officer-in-charge had noted that witnesses were afraid of the accused disturbing peace and refused to depose against him in public.

The court, however, was of the opinion that the order was contrary to the provisions of the law. It expressed dissatisfaction over the determination that witnesses were not coming forward to depose against the accused out of fear, noting that they had already recorded in-camera statements.

Tags : externment witness intimidation in-camera testimony

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